A bill to disclose access to election infrastructure by foreign nationals.

II 116TH CONGRESS 1ST SESSION S. 2656 To disclose access to election infrastructure by foreign nationals. IN THE SENATE OF THE UNITED STATES OCTOBER 22, 2019 Mr. KENNEDY introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To disclose access to election infrastructure by foreign nationals. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DISCLOSURE OF ACCESS TO ELECTION INFRA- 3 STRUCTURE BY FOREIGN NATIONALS. 4 (a) IN GENERAL.—Title III of the Help America 5 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended 6 by inserting after section 303 the following new section: 7 VerDate Sep 11 2014 03:27 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2656.IS S2656 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2656 IS ‘‘SEC. 303A. DISCLOSURE OF ACCESS TO ELECTION INFRA- 1 STRUCTURE BY FOREIGN NATIONALS. 2 ‘‘(a) IN GENERAL.—Each chief State election official 3 shall disclose to the Commission the identity of any foreign 4 national known by the chief State election official— 5 ‘‘(1) to have physically handled— 6 ‘‘(A) ballots used in an election for Federal 7 office; or 8 ‘‘(B) voting machines; or 9 ‘‘(2) to have had unmonitored access to— 10 ‘‘(A) a storage facility or centralized vote 11 tabulation location used to support the adminis- 12 tration of an election for public office; or 13 ‘‘(B) election-related information or com- 14 munications technology, including voter reg- 15 istration databases, voting machines, electronic 16 mail and other communications systems (includ- 17 ing electronic mail and other systems of vendors 18 who have entered into contracts with election 19 agencies to support the administration of elec- 20 tions, manage the election process, and report 21 and display election results), and other systems 22 used to manage the election process and to re- 23 port and display election results on behalf of an 24 election agency. 25 VerDate Sep 11 2014 03:27 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2656.IS S2656 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2656 IS ‘‘(b) TIMING.—The chief State election official shall 1 make the disclosure under subsection (a) not later than 2 30 days after the date on which such official becomes 3 aware of an activity described in such subsection. 4 ‘‘(c) FOREIGN NATIONAL DEFINED.—The term ‘for- 5 eign national’ has the meaning given that term in section 6 319 of the Federal Election Campaign Act of 1971 (52 7 U.S.C. 30121).’’. 8 (b) CONFORMING AMENDMENT RELATING TO EN- 9 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 10 is amended by striking ‘‘sections 301, 302, and 303’’ and 11 inserting ‘‘subtitle A of title III’’. 12 (c) CLERICAL AMENDMENT.—The table of contents 13 of such Act is amended by inserting after the item relating 14 to section 303 the following new item: 15 ‘‘Sec. 303A. Disclosure of access to election infrastructure by foreign nation- als.’’. Æ VerDate Sep 11 2014 03:27 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2656.IS S2656 pamtmann on DSKBC07HB2PROD with BILLS